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The combined version of two Mueller protection measures, set to be released Wednesday, would give any special counsel 10 days after a termination to challenge the move in court. | Alex Wong/Getty Images

Bipartisan Senate bill to protect Mueller set to advance

A bipartisan Senate bill designed to protect special counsel Robert Mueller's job is on track for a vote in the Judiciary Committee, according to a source briefed on the committee's plans.

It’s a significant step forward as lawmakers warn President Donald Trump not to fire the man investigating him.

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The combined version of two Mueller protection measures, released Wednesday, would give any special counsel 10 days after a termination to challenge the move in court.

The new bill is the product of months-long talks among Sens. Lindsey Graham (R-S.C.), Thom Tillis (R-N.C.), Cory Booker (D-N.J.) and Chris Coons (D-Del.). Judiciary Committee Chairman Chuck Grassley (R-Iowa) has yet to lend his full support, but that's not stopping him from setting up the legislation to advance.

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Grassley sought agreement from his committee's ranking Democrat, Sen. Dianne Feinstein of California, to add the combined Mueller legislation to the panel's agenda for a Thursday markup.Since Judiciary rules allow items to get held over by one week, that move would likely have teedup the bill for a markup next week.

However, Feinstein late Wednesday asked Grassley to hold off for a week on adding the Mueller protection bill to the committee's agenda for a markup.Feinstein said Wednesday that she is concerned about a potential effort to water down the rules governing the special counsel.

"I think it’s worthwhile, but what we don’t want to do is have something that weakens it," Feinstein told reporters. "Now, Grassley shouldn’t want to do that. He’s the one that said he thought it would be suicidal if the president did this."

Grassley who declared Tuesday that a Mueller firing would amount to "suicide" by Trump, still has constitutional concerns about the special counsel protection legislation. But after pushing proponents of the special counsel bill to develop the compromise proposal, Grassley has decided to put the legislation before the committee.

The Iowan may introduce an amendment intended to strengthen the bill by adding additional reporting requirements, a provision that he hopes would survive any future constitutional challenge, the source told POLITICO.

Even ifFeinstein agrees to let the bill go forward, it faces significant resistance from Republican leaders who have indicated no interest in giving floor time to a Mueller-protection proposal.

Grassley is "going to have to have a conversation about whether he wants to move it to the floor to vote on it," said the Senate GOP's No. 3 leader, John Thune of South Dakota.

Thune added that the Mueller-protection bill would not get the 60 votes required to clear the Senate. "I'm anxious to talk to Chuck about it and see what his thoughts are," he said.

Senate Majority Whip John Cornyn (R-Texas), a member of the Judiciary panel, said Wednesday that he hadn't heard anything about Grassley‘s intentions to advance the Mueller legislation, but aired skepticism with the push. "Is the president going to sign that bill?" he asked.

Sen. Orrin Hatch of Utah, the longest-serving Republican in the conference, made his opinion clear: “It would be stupid to fire Mueller and it would be stupid to call up a bill that indicates you’re afraid he will.”

Senate Majority Leader Mitch McConnell (R-Ky.) reiterated Tuesday that, despite fresh signs Trump is considering a firing, he is not convinced that a Mueller protection bill merits floor time in the chamber. "I haven't seen a clear indication yet that we need to pass something to keep him from being removed," McConnell told reporters.

Still,Minority Leader Chuck Schumer (D-N.Y.) seized on Grassley's decision to move ahead with the bill, urging McConnell to devote floor time to it should the measure clear the Judiciary panel.

"Why not pass this legislation now and avoid a constitutional crisis?" Schumer said on the floor Wednesday. "Why not avoid an injury instead of sustaining it and trying to stitch it up? That's what we should be doing. Let's not wait until it's too late."

Should the bill maintain the support of Tillis and Graham, as well as unified support from Democrats on the Judiciary panel, it would pass even without Grassley's vote. But if the chairman is able to resolve his constitutional concerns and back a final measure shielding the special counsel, that could help move Sen. Jeff Flake (R-Ariz.), who has raised similar questions about the constitutionality of the effort.

A Judiciary Committee vote to send the measure to the floor would send a potent message to Trump as the president continues to indicate that he's considering terminating the special counsel. White House press secretary Sarah Huckabee Sanders reiterated Tuesday that Trump "certainly believes he has the power to fire Mueller."

Trump stoked speculation further on Wednesday morning by tweeting that Mueller is "most conflicted of all" the law enforcement officials investigating his campaign's role in Russian interference in the 2016 election and potential obstruction of justice questions.